Minutes 10/10/2023 - Laserfiche WebLink

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October 10, 2023 (c) The height of the monopole communications tower shall not exceed 130 feet, including antennas, measured as the vertical distance from the average grade adjacent to the tower to the highest point of the tower (including antennae). (d) The telecommunications tower and equipment compound shall be enclosed with a fence, as well as landscaping that provides a fully opaque screen to the minimum height necessary to fully screen the equipment compound from all off-site views, in compliance with the standards in City Code Ch. 40.2 Zoning Ordinance. A landscaping plan and fencing details depicting screening for the fenced area shall be submitted as part of the Site Plan Review Process for review and approval. (e) Should the telecommunications tower and/or equipment compound encroach within the FEMA-regulated flood zone, the development shall be required to comply with all applicable local, state, and federal codes and regulations, including City Code Chapter 14.1. (f) Without limitation, the development shall ensure and maintain compliance with the following use-specific standards in accordance with Zoning Ordinance Sec. 40.2- 217(E)(3)(b). i. No zoning permit for any radio, television, or microwave towers shall be issued until the applicant provides evidence that the Federal Aviation Administration (FAA) has granted a permit for said tower or that no permit is required. ii. The applicant shall provide a copy of the Federal Aviation Administration (FAA) report and documentation that the application presents no hazard to any airport, or documentation that FAA review is not required. iii. Space shall be provided for at least three (3) cellular or similar providers, unless expressly approved for less as a condition of the Use Permit. iv. The applicant shall provide a listing of all structures within one-half (0.5) a mile that are of a similar elevation along with an explanation of why a colocation on another tower is not possible, to the extent permitted by law. (g) Prior to approval of the Site Plan or issuance of the Zoning Permit, evidence and documentation shall be provided from the Federal Aviation Administration (FAA) demonstrating compliance with Zoning Ordinance Sec. 40.2-217(E)(3)(b)(i) and (ii). (h) The development shall be constructed in compliance with all applicable codes, ordinances and regulations of federal, state and local government, and all required licenses and permits shall be obtained prior to construction and remain in effect during the operation of the development. (i) All taxes/fees associated with the proposed use shall be paid when due, as determined by the City Treasurer. (j) In accordance with Zoning Ordinance Sec. 40.2-533(L), this Use Permit may be revoked by City Council after conducting a public hearing. The permit may be revoked if Council finds: (i) The Use Permit was obtained or extended by fraud or deception; (ii) The applicant has failed to comply with one or more of the conditions of approval; (iii) There is a change in conditions affecting the public health, safety, and welfare, since adoption of the Use Permit; or (iv) There are repeated violations of the Zoning Ordinance by the holder of the Use Permit, related to the development approved by the Use Permit. REVOCATION OF PERMIT: 7. Violation of any of the conditions set forth herein may serve as grounds for revocation of the use permit by City Council.” Ayes: Barnes, Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover Nays: None